Slade v. Ice Rover, Inc.

Background

On August 22, 2022, Linda Slade sued Ice Rover, Inc. She alleged that Ice Rover’s failure to make its website accessible to visually impaired persons violated the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Slade brought the action individually and as the representative of a proposed class of similarly situated people.

Standing concern

The court explained that constitutional standing generally requires a plaintiff to allege a concrete and particularized injury that is actual or imminent, a connection between that injury and the defendant’s conduct, and a likelihood that a favorable court decision would remedy the injury. For an Americans with Disabilities Act claim seeking an injunction, the plaintiff must also allege a past injury, facts supporting a reasonable inference that the discriminatory treatment will continue, and facts supporting a reasonable inference that the plaintiff intends to return to the defendant’s location.

The court cited an appeals court decision holding that conclusory, boilerplate allegations about failure to accommodate visually impaired plaintiffs were insufficient to establish standing. The court stated that the allegations in Slade’s complaint likely failed to adequately allege standing and were at least as conclusory as the allegations in that earlier decision.

Order and effect

The court ordered Slade, no later than September 9, 2022, to file an amended complaint that adequately alleges standing or show cause—explain why—the case should not be dismissed for lack of standing. The order did not dismiss the case and did not decide whether Ice Rover violated any of the laws cited in the complaint.